[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 6-21-2005 by Ord. No. 05-149. Amendments noted where applicable.]
Motor vehicles on City property — See Ch. 198.
Streets and sidewalks — See Ch. 243.
Vehicles and traffic — See Ch. 260.
Editor's Note: This ordinance also repealed former Ch. 190, Motorized Scooters, adopted 5-18-2004 by Ord. No. 04-68.
The City Council finds and declares the following:
That because of the severely congested streets, roadways and alleys of the City, these regulations banning motorized scooters would serve public interest and safety.
That motorized scooters adversely affect traffic flow and the response time of emergency vehicles in the City.
That motorized scooters lead to motor vehicle accidents for the operator and other vehicles and pedestrians in the City.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- MOTORIZED SCOOTER
- Any two- or three-wheeled device, including, but not limited to, the so-called mini-bikes, pocket bikes, mini choppers, gas scooters, electric scooters or motorized skateboard, that has handlebars, and is designed to be stood upon or seated upon by the operator, and is powered by a gas or electric motor that is capable of propelling the device with or without human propulsion at any speed on any street, roadway or alley in the City, that is not defined as a motor vehicle under the laws of the Commonwealth of Massachusetts.
No person shall operate a motorized scooter, motorized skateboard, or other similar motorized vehicle (hereinafter referred to as "personal motorized vehicles") on any City-owned or controlled public way, sidewalk, park, playground, recreational area, public school property or any other property owned or controlled by the City, without the express written permission to do so from the City official(s) or officer having jurisdiction over the use of said City property or their respective designee (hereinafter referred to as the "authorizing official"). The following vehicles shall be exempt from the provisions of this chapter.
Vehicles licensed by the Commonwealth of Massachusetts as motor vehicles;
Vehicles licensed or used by the United States government or any other federal agency, instrumentality or entity, including, but not limited to the United States Postal Service, while performing service to the public;
Personal motorized vehicles used by disabled persons;
Personal motorized vehicles used by governmental law enforcement personnel including, but not limited to, police officers;
Landscaping equipment; and
Parade vehicles used during a licensed parade.
Conditions on the grant of written permission.
At a minimum, any grant of written permission to use a personal motorized vehicle issued by the authorizing official shall include the following conditions and restrictions:
No person under the age of 16 shall operate a motorized scooter without a valid learner's permit or driver's license;
The personal motorized vehicle must be properly equipped with a braking system;
A helmet must be worn at all times;
No personal motorized vehicle shall be operated in a careless and reckless manner so as to endanger the safety of any person or the property of any person; and
All owners and operators must comply with all applicable federal, state and local laws and regulations.
The authorizing official is further empowered to impose such other restrictions, regulation, or limitations as they deem appropriate or necessary to protect public safety, interest and welfare. All persons using City property pursuant to a grant of permission shall comply with the restrictions and limitations referenced herein or imposed thereto.
Enforcement. The provisions of this chapter may be enforced by any police officer or any special police officer designated by the City Council.
Violations. The following penalties shall be applicable for violations of this chapter:
Any person who violates any provision of this chapter shall be subject to a fine in the amount of $100 for the first offense, $200 for a second offense and $300 for a third or any subsequent offense.
As an alternative to initiating criminal proceedings, violations of this chapter may be enforced in a manner provided in Chapter 21D of the Massachusetts General Laws, which procedure is incorporated herein by reference. The penalty for each violation shall be as set forth under Subsection B(1) above for each day or part of a day during which the violation is committed, continued, or permitted; provided, however, that if a violator fails to follow the procedure and requirements of said Massachusetts General Laws Chapter 21D, the fine or fines shall be recovered by indictment or a complaint pursuant to Massachusetts General Laws, Chapter 40, § 21.
Upon the violation of any provision of this chapter any police officer or any special police officer designated by the City Council may impound the personal motorized vehicle until the operator appears in Court. If an operator is an adult and is convicted of violating any provision of this chapter, the personal motorized vehicle may be subject to forfeiture laws under Massachusetts General Laws. If the operator or owner is a minor, the personal motorized vehicle may also be subject to forfeiture laws under Massachusetts General Laws, if the minor is adjudicated delinquent or the matter is continued without a finding.